SPOUSAL SUPPORT

The end of a marriage can put many people in difficult financial situations. A spouse in an unhappy marriage should never feel obligated to stay married out of fear of being unable to support themselves financially. As a result, a Georgia Court may order one party to provide spousal support, also known as alimony, to the other party. The end of a marriage can put many people in difficult financial situations.

Essentially, the alimony order is intended to provide support to a spouse who needs financial support after the dissolution of the marriage. This can be on a temporary basis while the divorce case is pending, or maybe a permanent order depending on the specific circumstances.

An experienced family law attorney will help you better understand Georgia’s alimony laws. This can include helping you understand what to expect in a divorce, how to petition a court to enforce an order when a party falls into arrears, and ensuring you have the resources you need to move on following a divorce.

LEGAL BASIS FOR AN ALIMONY ORDER

In the past, a husband may be ordered to pay monthly sums to a now ex-wife after the end of a marriage. This was because the husband was traditionally the breadwinner in the marriage and the wife may be left destitute without her husband’s income. With changing times, the laws concerning alimony have also changed. With both spouses having a job in many marriages, the frequency of orders for alimony have decreased. Still, if the end of the marriage would leave one party at a financial disadvantage, the court may order the other to provide spousal support. O.C.G.A. §19-6-1 states that a court may enact an order of alimony in accordance with the needs of one party and the other’s ability to pay. However, alimony is never a required part of a divorce. Rather, both parties may agree to alimony payments as part of a private divorce settlement, or the court may order alimony to be paid to a party.

HOW MUCH SUPPORT MIGHT SOMEONE
EXPECT TO RECEIVE?

Courts have a great level of autonomy when considering the amount of alimony that a person may have to pay. According to O.C.G.A. § 19-6-5, a court will consider a variety of factors when deciding whether spousal support is appropriate, including the length of the marriage, the standard of living during the marriage, the earnings of both parties, and the health of both parties.

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BE YOUR ADVOCATE​

A common conflict during a divorce case is spousal support, or alimony, as it is known in Georgia. Georgia law states that either party in a divorce may request an alimony order, but in no event is a court required to enact such an order. An experienced family law attorney is necessary to help you push for proper alimony orders during a divorce. Attorneys could also help people who need to ask a court to help enforce an already existing order or modify an order that no longer works. Contact us today for help with your particular circumstances.

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